How to leave Russia for the debtor.
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A person who has taken a loan that has debts or delays in payment meets with difficulties on leaving Russia. Such citizens begin to look for ways to travel abroad.
Goals of departure can be different, the main are: doing business for business development or for recreation. Some debtors believe that this is the invented ploy of creditors to force pay another payment. Are there legal aspects of the ban on travel to the debtor outside the country?
Legal aspects.
From the point of view of the legislation of the Russian Federation, the reasons for the prohibition of departure can take place. Bans on exit to the debtor is registered on the pages of the law and has its own mechanism of impact on debtors in this case.
A trial will be held for reasons of omission of payment, as a result of which the trial is carried out. The result of the trial is always a decision or order. The bailiff opens the case and sends the writ to the debtor, where the conditions that he violates are clearly indicated. In this case, a decision can be made to prohibit the debtor from traveling abroad, which the bailiff has the full right to render.
To avoid fear of the threat of a ban on leaving the country and be calm in such a situation, you need to get acquainted with the law of the Russian Federation “On Enforcement Proceedings” Chapter 7. Article 67. Temporary restrictions on the departure of the debtor from the Russian Federation. ” To believe rumors and intimidation of banks and credit agencies is not worth it. They often resort to such methods of influence on the debtor, using their legal illiteracy.
The law “On Enforcement Proceedings”
The Federal Law “On Enforcement Proceedings” regulates problem issues and disputes that have arisen between the debtor and the creditor. If a citizen who took out a loan has a debt of 10,000 rubles or more, there is an order, or an act to remove from him the debt, the bailiff will recommend unleashing the situation voluntarily. It determines the maturity of the debt to the creditor in whole or in part. Such a requirement is prescribed in an executive letter.
If the debtor, not having good reasons, does not comply with the requirements prescribed in the letter of execution and the bailiff, he has every right to prohibit his departure from the country. The decision to ban the departure from Russia to the debtor is compiled by the bailiff at the request of creditors earlier.
The ban can leave the country already at the stage of initiating a trial. This is done to prevent a quick escape of the debtor, since it takes a lot of time to collect the necessary documents and operational work, which gives the debtor the chance to leave the country legally. On their own initiative, bailiffs rarely prohibit traveling abroad at such early stages of the initiation of judicial proceedings.
The debtor should understand that the situation needs to be resolved in the early stages of its occurrence in order to avoid difficulties on the part of law enforcement agencies and the creditor. It is necessary to find a way to negotiate with the bailiff. They can sympathize with the current situation and meet halfway. It is not necessary to abuse trust and experience the patience of court bailiffs. This can lead to an undesirable result.
The prohibition did not enter into force.
There are situations when a debtor needs to go to another country urgently, on business, on a business trip. The result of the trip may be the receipt of funds to pay off the debt. If the bailiff is to explain this situation, he can go to meet the debtor. Then:
a statement is written to the bailiff about the fulfillment of his obligations to creditors; receive legal grounds for a temporary departure from the country; go abroad without any fear.
It should be remembered that there is a probability of failure.
The ban began to act.
If you need to leave urgently, some debtors proceed as follows:
go closer to the border by public transport; a step to the border of the country come down; on passing horses cross the border; outside the border calmly take the train and travel further.
From any situation you can find a way out. You can go out of the country without waiting for the court to prohibit you from leaving the country. Even you can leave, one day before the issuing of the ban on exit. The debtor has about 14 days to freely leave the country, because the document is to go through the offices of several instances before the entry into force. True, upon returning to the country, the debtor can wait for trouble.
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